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Employment Insurance (Fishing) Regulations (SOR/96-445)

Regulations are current to 2020-05-17 and last amended on 2017-12-03. Previous Versions

Labour Disputes

  •  (1) For the purposes of the Act, these Regulations and the Employment Insurance Regulations, “labour dispute”, in relation to fishers, includes any dispute between employers of fishers and fishers, or between fishers and other fishers, that is connected with the unit price on the basis of which the proceeds from the sale of a catch are calculated.

  • (2) Subject to subsection (3), where a labour dispute arises concerning the unit price on the basis of which the proceeds from the sale of a catch are calculated or concerning any other matter affecting a type of fishing generally and, as a consequence, a particular type of fishing is not begun or does not continue, subsection 36(1) of the Act applies in such a manner that any fisher who had any insured earnings from fishing during one of the following periods is deemed to be an insured person who has lost their employment by reason of a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the person was employed:

    • (a) the six week period that began on the Sunday preceding the day and month that are one year before the day and month on which the stoppage of work began; or

    • (b) the six week period that preceded the Sunday before the day on which the stoppage of work began.

  • (3) A fisher who provides proof of one of the following is not deemed to be an insured person referred to in subsection (2):

    • (a) during the periods described in paragraphs (2)(a) and (b), the fisher was not engaged in employment in the particular type of fishing affected by the labour dispute;

    • (b) at the time the stoppage of work began and during the six weeks preceding the stoppage, the fisher was regularly engaged in an insurable employment other than fishing;

    • (c) at the time the stoppage of work began and during the six weeks following the beginning of the stoppage, the fisher was regularly engaged in an insurable employment other than fishing or in a type of fishing that was not affected by the labour dispute; or

    • (d) the fisher was not participating in or financing or directly interested in the labour dispute.

  • (4) Subsections 36(4) and (5) of the Act do not apply to a fisher referred to in subsections (2) and (3).

Adaptations Relating to the Reduction of Premiums for Fishers Covered by a Provincial Plan and for their Employers

 [Repealed, SOR/2016-206, s. 17]

 [Repealed, SOR/2016-206, s. 17]

Extension of Benefit Period

 If the child or children of a fisher who has received or is entitled to receive provincial benefits are hospitalized during the period referred to in subsection 23(2) of the Act, the fisher’s benefit period is considered to be extended under subsection 8(11.2) by the number of weeks during which the child or children are hospitalized.

  • SOR/2006-198, s. 1

 For the purpose of extending a fisher’s benefit period under subsection 8(11.3),

  • (a) a reference in that subsection to benefits paid for one of the reasons mentioned in paragraphs 12(3)(a) and (b) of the Act is considered to include a reference to provincial benefits paid for the same reasons; and

  • (b) the reference in that subsection to “the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks” shall be read as a reference to “the benefit period is extended so that those benefits paid for one of the reasons mentioned in paragraphs 12(3)(c) to (f) may be paid up to the applicable maximum number of weeks established for those reasons”.

  • SOR/2006-198, s. 1
  • SOR/2013-103, s. 3
  • SOR/2017-227, s. 3

No Double Counting of Weeks

 If a week of provincial benefits has been taken into account for the purpose of any of sections 76.11 to 76.13 or 76.19 of the Employment Insurance Regulations, a week of benefits paid under section 22 or 23 of the Act shall not be taken into account for that same purpose.

  • SOR/2006-198, s. 1
  • SOR/2012-263, s. 5
  • SOR/2016-206, s. 18

Transitional Provisions

  •  (1) Except as otherwise provided in the Act or these Regulations, all matters relating to a claim for benefits by a fisher in respect of a benefit period beginning before January 5, 1997 shall be dealt with under Part V of the Unemployment Insurance Regulations as they read immediately before that date.

  • (2) For a benefit period established on or after January 5, 1997, the aggregate of the weekly earnings reported on a record of employment for employment before that date as a fisher shall be considered to be the earnings for the periods reported on in the record of employment.

  • (3) With respect to a fisher who is a claimant and to whom a child is born or in whose care a child is placed for adoption before December 31, 2000, all matters relating to their entitlement to special benefits under these Regulations shall be determined in accordance with these Regulations as they read on January 5, 1997 and the Employment Insurance Act as it read before the coming into force of the Budget Implementation Act, 2000, being chapter 14 of the Statutes of Canada, 2000.

  • SOR/2000-394, s. 5
  • SOR/2001-74, s. 5

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on January 5, 1997.

 
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